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July 4 2012 at 9:15 PM
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jUNE 28, 2012


By ruling that the individual mandate was permissible as a tax, he (Roberts) joined the Democratic appointees to uphold the lawwhile joining the Republican wing to gut the Commerce Clause (and push back against the necessary-and-proper clause as well). Here's the Chief Justice's opinion (italics in original):

Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority. Congress already possesses expansive power to regulate what people do. Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do. The Framers knew the difference between doing something and doing nothing. They gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. The individual mandate thus cannot be sustained under Congresss power to regulate Commerce.

The business about "new and potentially vast" authority is a fig leaf. This is a substantial rollback of Congress' regulatory powers, and the chief justice knows it. It is what Roberts has been pursuing ever since he signed up with the Federalist Society. In 2005, Sen. Barack Obama spoke in opposition to Roberts' nomination, saying he did not trust his political philosophy on tough questions such as "whether the Commerce Clause empowers Congress to speak on those issues of broad national concern that may be only tangentially related to what is easily defined as interstate commerce." Today, Roberts did what Obama predicted he would do.


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Response TitleAuthorDate
 Re: ROBERTS RULES RE OBAMA CAREKeithDBJul 4, 2012, 11:04 PM
  Re: ROBERTS RULES RE OBAMA CAREHeadsupcallJul 5, 2012, 2:07 AM
   The way I see thisBobJul 5, 2012, 3:16 AM
    Re: The way I see thisKeithDBJul 5, 2012, 11:54 AM
     You will need to explain that to Justice RobertsBobJul 5, 2012, 8:10 PM
      Re: You will need to explain that to Justice RobertsKeithDBJul 5, 2012, 10:15 PM
       Re: You will need to explain that to Justice RobertsAnonymousJul 6, 2012, 4:12 AM
     Re: The way I see thisThe TryJul 6, 2012, 7:53 PM
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